Does a divorce take effect if the husband says to his wife: "If you leave the house, you are divorced," and she actually leaves the house, and is she entitled to claim her dower (mahr) in this case?
If a man says to his wife, "If you leave the house, you are divorced," then if he intended divorce, it occurs upon her leaving. However, if he merely intended to admonish and prevent her without the intention of divorce, which is the more preponderant opinion, then a kaffarah (expiation) for breaking an oath becomes obligatory upon him if she leaves.
If he intended divorce and she left, the divorce occurs. If it was the first or second divorce, it is a revocable divorce, and he may take her back during her 'iddah (waiting period). If it was the third divorce, she becomes irrevocably separated from him by a major separation, and she is not permissible for him unless she marries another man. In both cases, he must pay her full mahr (dower), unless she willingly forgives him.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/8708
- Source platform
- Ftawy
- Original fatwa ID
- 8708
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy